A recent Court of Appeal judgment confirmed for the first time that the court can now compel litigating parties to take part in alternative dispute resolution (ADR), such as mediation, even if the parties have not agreed to do so between themselves.
Previously it had been understood, including by the trial judge in the latest case, that the law was as set out in a 2004 Court of Appeal case (Halsey v Milton Keynes General NHS Trust). While the courts were able to encourage litigants to take part in ADR (strongly if necessary, with the right to impose costs penalties for unreasonable refusal), to compel them to do so would interfere with their basic right of access to the court to resolve disputes under the European Convention on Human Rights (ECHR) – which incidentally also applies to businesses in this context.
Jason McKnight is a partner and director of RECOM Solutions, a construction and project management business based in Salford Quays which operates across the north west and beyond.
Tom Simpson (pictured), joined Bermans in 2023 and is a Partner in our Property team. We spoke to him to learn more about him and his interests and work.
The government has recently introduced new laws aimed at tackling corruption, money laundering and fraud involving corporate entities. The Economic Crime and Corporate Transparency Act 2023 (the Act) received royal assent on 26 October 2023, and aims to reform the way in which economic crime is tackled and to improve the transparency over corporate organisations.
Many of you will have heard Angela Rayner’s recent remarks in which she explained the changes that the Labour Party propose to make to employment law in the event that they win the general election next year.
The proposals are radical to say the least, and, if enacted, would completely change the employment law landscape for years to come.
In September, the government published its response to its consultation taken in 2021 on the future of insolvency regulation, setting out a package of proposed reforms that, in their own words “represent the biggest change to the way the insolvency profession is regulated in nearly 40 years and future-proof the regulatory framework as the insolvency market continues to evolve”.
In recent years the Government has applied a great deal of focus to the whole question of the funding of the civil litigation system and the ability of litigating parties to recover costs against opponents.
This is our latest update as the introduction of a “fixed costs” regime for most civil court disputes, where the disputed amount is over £10,000 up to £100,000, draws ever nearer.
The Employment Relations (Flexible Working) Bill received its Royal Assent on 20 July 2023.
Under this legislation, employees will gain the right to make two flexible working requests in any 12-month period. This is a change from the current position, which limits flexible working requests to one in a 12-month period.
Laura McMorland (pictured below), joined Bermans in March 2023 and is a Senior Associate in our Corporate team. We spoke to her to learn more about her and her work.
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